In Colorado, a prenuptial agreement is “an agreement between individuals who intend to marry which affirms, modifies, or waives a marital right or obligation during the marriage or at legal separation, marital dissolution, death of one of the spouses, or the occurrence or non-occurrence of any other event” (CRS 14-2-302(2)).
Attorney Todd J. Narum makes time to listen and help you to create a lasting solution for your marriage. Prenuptial drafting is an iterative process, and the Peak Legal team is here to help you navigate Colorado law and how it relates to your goals.
It is important to note that certain things cannot be delineated in a prenuptial agreement. For instance, parenting rights and responsibilities outlined in a premarital agreement will not hold up in court. Instead, a judge will evaluate the child’s best interests at the time of divorce and decide on parenting rights and responsibilities at that time, irrespective of any agreement between the parties.
The Peak Legal team will ensure your agreement is enforceable by Colorado’s legal standards and will explain exactly what you can and cannot do with a postnuptial agreement.
In Colorado, a postnuptial agreement (or “marital agreement”) is “an agreement between spouses who intend to remain married which affirms, modifies, or waives a marital right or obligation during the marriage or at legal separation, marital dissolution, death of one of the spouses, or the occurrence or nonoccurrence of any other event. The term includes an amendment, signed after the spouses marry, of a premarital agreement or marital agreement” (CRS 14-2-302(2)).
You and your spouse may want to enter into a postnuptial agreement due to a change in financial circumstances, such as the creation of a new business or coming into a sizeable inheritance. Similarly to a prenuptial agreement, a postnuptial agreement can help ensure the passage of assets to your children or other family members and maintain your financial security in the event of divorce from your spouse.
A postnuptial agreement can eliminate the inherent uncertainty that exists during a divorce proceeding, taking the decision of how to divide the marital estate out of a judge’s hands and leaving it in your hands. Crucial to the negotiation and creation of a post nuptial agreement is full financial disclosure and transparency. A failure to fully disclose can ruin an otherwise valid post nuptial agreement.
Attorney Todd J. Narum will work with you throughout the postnuptial drafting process and will be with you every step of the way to assure you and your family’s financial security.
Call Peak Legal now at (720) 445-9779, extension 2 to consult on your prenuptial or postnuptial agreement needs.
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